Ku. Shobha D/O Gendlal Watekar vs Ashok S/O Pundalik Bhokase
2017 Latest Caselaw 7723 Bom

 apl.155.16                                      1        

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

           CRIMINAL  APPLICATION (APL) NO.155 OF 2016

 Ku.Shobha D/o Gendlal Watekar,
 Aged about 46 years,Occ-Teacher,
 R/o Suresh nagar, Kanhan, 
 Tahsil-Parseoni,District-Nagpur,                             .....  APPLICANT

       ...V E R S U S...
  
 Ashok S/o Pundlik Bhokase,
 Aged about 53 years,Occ-Service,
 R/o Vivekanand nagar, Kanhan,
 Tahsil-Parseaoni,District-Nagpur               ...NON-APPLICANT

 -------------------------------------------------------------------------------------------
 Shri S.G.Karmarkar,  Advocate for the   applicant.
 Shri Laique Hussain, Advocate for non-applicant
 -------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE, J.
                               DATED :- SEPTEMBER 29,2017

 ORAL JUDGMENT

                Rule. Rule is made returnable forthwith. Heard finally

 by consent of learned counsel  for  the parties.



 2]             The present application is moved by the applicant who

 is   original   complainant   who   filed   S.C.C.No.15/2013   before

 learned Judicial  Magistrate  First Class,Parshioni, for the  offence

 punishable under Section 138 of the Negotiable Instruments Act.




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  apl.155.16                                   2        

 3]             The   learned   counsel   for   non-applicant   opposed   the

 application and so also restoration. 



 4]             The applicant has given sound reasons for restoration.

 It   is   always   expected   that   the   case   of   the   litigant     should   be

 decided on its own merits.  Having gone through the contents of

 the application I am of the view that one opportunity should be

 granted   in   favour   of   the   original   complainant   to   prosecute   the

 case. In that view of the matter, I pass the following order.



                               ORDER

 I)             Application is allowed.

 II)            The order passed by learned Judicial Magistrate First 

Class,Parshioni,District-Nagpur in S.C.C.No.15/2013 is hereby set aside.

III) S.C.C.No.15/2013 stands restored to file.

IV) Both the learned counsels submit that both parties will be appeared before learned Judicial Magistrate First Class, Parshioni,District-Nagpur on 30/10/2017. The learned trial Court is directed to dispose of S.C.C.No.15/2013 in accordance with law as early as possible.

V) Applicant to pay costs of Rs. 500/- to High Court Bar Association,Nagpur and shall file receipt of payment of the costs before the learned Judicial Magistrate First Class, Parshioni, District-Nagpur showing costs is paid.

Rule is made absolute.

JUDGE

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